Apple Denied Motion to Dismiss Lawsuit Related to Disabling FaceTime on iOS 6 and Earlier

United States district judge Lucy Koh has denied Apple's motion to dismiss a lawsuit related to disabling FaceTime on iOS 6 and earlier software versions three years ago, allowing the case to proceed as a class action lawsuit. MacRumors obtained court documents of the opinion filed electronically.

iPhone 4 FaceTime
The lawsuit was filed in February by California resident and iPhone 4 owner Christina Grace, who claims Apple intentionally broke FaceTime on iOS 6 and earlier by disabling a digital certificate that caused the service to cease functioning. California resident Ken Patter was later named as a second plaintiff.

FaceTime abruptly stopped functioning for all iOS 6 users in April 2014. At the time, a spokesperson for Apple said devices may have encountered a "bug" resulting from a device certificate that expired on that date, and the company advised affected users to update to iOS 7 to fix the issue.

The lawsuit, however, alleges that Apple intentionally broke FaceTime, prioritizing its financial interests over its customers.

Apple used two connection methods when launching FaceTime in 2010: a peer-to-peer method that created a direct connection between two iPhones, allegedly used between 90 and 95 percent of the time, and a relay method that used data servers from content delivery network company Akamai Technologies.

Apple's peer-to-peer FaceTime technology was found to infringe on VirnetX's patents in 2012, however, so the company began to shift toward the relay method, which used Akamai's servers. Within a year, Apple was paying $50 million in fees to Akamai, according to testimony from the VirnetX trial.

Apple eventually solved the problem by creating new peer-to-peer technology that would debut in iOS 7 in September 2013. But not all users upgraded and, seven months later, the lawsuit alleges that Apple intentionally broke FaceTime on iOS 6 and earlier to stop paying millions of dollars per month to Akamai.

Testimony from Apple's 2016 retrial with VirnetX indicated that, between April 2013 and September 2013 alone, Apple paid approximately $50 million as a result of FaceTime functioning in relay mode only on iOS 6 and earlier.

Updating to iOS 7 could be seen as the simple solution in this situation. But the plaintiffs owned an iPhone 4 and iPhone 4s, and cited internet articles that claim updating to iOS 7 significantly impairs the performance and functionality of those smartphones. Their complaint also cited Bluetooth and Wi-Fi issues.

In its now-denied motion to dismiss, one of Apple's arguments was that the plaintiffs have no right to uninterrupted, continuous, or error-free FaceTime service under the terms of its iOS Software License Agreement. Apple also said the plaintiffs didn't experience the iOS 7 issues mentioned on their own iPhones.

The class action lawsuit would apply to all iPhone 4 or iPhone 4s owners in the United States who, on April 16, 2014, had iOS 6 or an earlier version of the operating system installed on that device. The plaintiffs claim Apple's actions violate California's Unfair Competition Law and are seeking a jury trial.

Top Rated Comments

Wowereit Avatar
47 months ago
So people are suing over something they could've fixed themselves by upgrading, but because they felt like not doing so they want to get money from Apple?


Don't get me wrong, there have been legitimate law suits against Apple, but at this point it has become ridiculous. Apparently everybody wants a piece of the cake now.
Score: 24 Votes (Like | Disagree)
locoboi187 Avatar
47 months ago
I'm going to play devil's advocate here. If you buy a product with a feature advertised as working on a device with the sold firmware, you should expect it to work and not be disabled by the manufacturer.
Score: 17 Votes (Like | Disagree)
826317 Avatar
47 months ago
This is the most American thing I've seen all this year. Suing a large corporation because your outdated choice of iOS doesn't support an app anymore......How pathetic can it get..
Score: 16 Votes (Like | Disagree)
drewyboy Avatar
47 months ago
This has to be one of the few completely valid lawsuits against Apple. So many people defending Apple right off the bat simply don't understand that under an iOS6 update, Facetime functionality was REMOVED due to the cost of the relay. It was re-introduced with Apples peer-to-peer fix in iOS7, but having had an iPhone4, upgrading to iOS7 was a HUGE mistake. Made my phone pretty unusable and it didn't get any better with iOS7.1 but of course you can't downgrade at that point.

People need to stop and actually read the article not only here, but on other sites that give the full story to really gauge what's going on, but of course that's asking many people to do something that's hard for most, critical thinking.
Score: 14 Votes (Like | Disagree)
justperry Avatar
47 months ago
My conclusion...software patents shouldn't exist.
Score: 14 Votes (Like | Disagree)
Saipher Avatar
47 months ago


The lawsuit, however, alleges that Apple intentionally broke FaceTime, prioritizing its financial interests over its customers.

Come on, Apple would never do such a thing... /s
Score: 12 Votes (Like | Disagree)

Top Stories

microsoft edge ios android

Bill Gates Says His Preference for Android Over iPhone is Due to Pre-Installed Software

Friday February 26, 2021 3:35 am PST by
Microsoft co-founder Bill Gates this week participated in his first meeting on Clubhouse, the increasingly popular invite-only conversation app, where he fielded a range of questions as part of an ongoing book tour. Gates was interviewed by journalist Andrew Ross Sorkin, and given that the Clubhouse app is currently only available on iOS, naturally one of the questions that came up was...
First Look Big Sur Feature2

Apple Releases macOS Big Sur 11.2.2 to Prevent MacBooks From Being Damaged by Third-Party Non-Compliant Docks

Thursday February 25, 2021 10:07 am PST by
Apple today released macOS Big Sur 11.2.2, the fourth update to the macOS Big Sur operating system that launched in November. macOS Big Sur 11.2.2 comes two weeks after the release of macOS Big Sur 11.2.1, a bug fix update. The new ‌‌‌‌macOS Big Sur‌‌‌ 11.2.2‌ update can be downloaded for free on all eligible Macs using the Software Update section of System Preferences....
flat mbp 14 inch feature yellow

Redesigned 14-Inch MacBook Pro Expected to Feature Brighter Mini-LED Display With Slimmer Bezels and More

Thursday February 25, 2021 7:48 am PST by
Apple plans to unveil new 14-inch and 16-inch MacBook Pro models with Mini-LED-backlit displays in the second half of this year, according to industry sources cited by Taiwanese supply chain publication DigiTimes. The report claims that Radiant Opto-Electronics will be the exclusive supplier of the Mini-LED backlight units, while Quanta Computer is said to be tasked with final assembly of the...
jon prosser imac 2021colors

Prosser: 2021 iMac to Come in Five Colors, Apple Silicon Mac Pro to Resemble 'Stacked' Mac Minis

Wednesday February 24, 2021 7:26 am PST by
Hit-and-miss leaker Jon Prosser has today alleged that the upcoming 2021 iMac models will offer five color options, mirroring the colors of the fourth-generation iPad Air, and revealed a number of additional details about the Mac Pro with Apple Silicon. In a new video on YouTube channel FrontPageTech, Prosser explained that the redesigned iMacs will come featuring options for Silver, Space ...
steam apple logo

Valve Ordered to Give Apple Information on 436 Steam Games As Part of Epic Games Legal Case

Thursday February 25, 2021 1:50 am PST by
Valve, the makers behind popular game distribution platform Steam, will be forced to hand over aggregate historical sales, price, and other information on 436 games hosted on the store to Apple, as part of the Apple vs. Epic Games antitrust case. As reported in a paywalled report by Law360, during a virtual discovery hearing on Wednesday, U.S. Magistrate Judge Thomas S. Hixson ordered that...
apple store macarthur center

Apple Store at MacArthur Center in Virginia Permanently Closing Following Years of Safety Issues at Shopping Mall

Thursday February 25, 2021 4:45 pm PST by
Apple today indicated that its retail store at the MacArthur Center shopping mall in Norfolk, Virginia will be permanently closing after over 14 years of business, although an exact closure date has yet to be announced by the company. Apple has assured that it will be offering all employees at the store other positions within Apple, and said that it looks forward to continuing to serve...
m1 mac mini

M1 Mac Users Report Excessive SSD Wear

Tuesday February 23, 2021 7:07 am PST by
Over the past week, some M1 Mac users have been reporting alarming SSD health readings, suggesting that these devices are writing extraordinary amounts of data to their drives (via iMore). Across Twitter and the MacRumors forums, users are reporting that M1 Macs are experiencing extremely high drive writes over a short space of time. In what appear to be the most severe cases, M1 Macs are sai...
apple refurbished m1 mac mini

Apple Begins Selling Refurbished M1 Mac Mini

Thursday February 25, 2021 6:42 pm PST by
Apple today began selling certified refurbished Mac mini models with the M1 chip for the first time in the United States and Canada, with prices discounted by approximately 15 percent compared to brand new models as usual. For example, a refurbished Mac mini with the M1 chip, 256GB of SSD storage, and 16GB of unified memory is available for $759, compared to $899 brand new. Other custom...
qualcomm snapdragon x60 5g

iPhone 13 Lineup Expected to Use Qualcomm's Snapdragon X60 Modem With Several 5G Improvements

Wednesday February 24, 2021 8:10 am PST by
Apple's next-generation iPhone 13 lineup will use Qualcomm's Snapdragon X60 5G modem, with Samsung to handle manufacturing of the chip, according to DigiTimes. Built on a 5nm process, the X60 packs higher power efficiency into a smaller footprint compared to the 7nm-based Snapdragon X55 modem used in iPhone 12 models, which could contribute to longer battery life. With the X60 modem, iPhone...
2021 mbp sd slot feature2

Kuo: New MacBook Pro Models With HDMI Port and SD Card Reader to Launch Later This Year

Monday February 22, 2021 8:52 pm PST by
Apple plans to release two new MacBook Pro models equipped with an HDMI port and SD card reader in the second half of 2021, according to analyst Ming-Chi Kuo, who outlined his expectations in a research note obtained by MacRumors. The return of an SD card reader was first reported by Bloomberg's Mark Gurman last month. "We predict that Apple's two new MacBook Pro models in 2H21 will have...